What is a wrongful death claim?
Wrongful death cases are part of a larger body of law known as personal injury law. A wrongful death occurs when a victim is killed as a result of negligence or from a malicious action, or strict liability duty lies on the part of the person or entity being sued.
Since the victim is dead and cannot sue or be awarded damages, the victim’s survivors, meaning close family members, such as the victim’s spouse, children, and parents, are the ones entitled to any monetary damages awarded. The lawsuit must be brought by the victim’s estate representative, meaning the executor of the decedent’s estate. The wrongful death may have occurred as part of a vehicular accident, a work-related accident, criminal behavior, medical malpractice, or defective product.
New Jersey’s wrongful death law requires that four elements be met for the survivors to be able to file a wrongful death lawsuit. These elements are—
- The victim’s death was caused by the defendant’s actions
- The defendant was negligent in these actions or strictly liable for the victim’s death
- There are survivors, such as, a spouse, children, parents, beneficiaries or dependents
- The victim’s death resulted in monetary damage
The types of monetary damages that may be awarded to the survivors in a wrongful death lawsuit include—
- Funeral and burial expenses
- Medical and hospital expenses connected to the death
- Loss of the victim’s expected earnings between the time of the death and the expected retirement or death, also known as present value
- Loss of benefits like pensions and medical coverage
- Loss of inheritance
- Pain and suffering of the victim
- Pain and suffering of the survivors
- Loss of financial support, care, protection, and companionship of the survivors
- Punitive damages in limited and extreme cases
Preserve your rights to maximum compensation—call Legome & Associates today
If you believe you have a valid claim for the wrongful death of a family member, speak with an experienced wrongful death attorney who will evaluate your case with you, as close to the death as possible, to ensure that your legal rights are fully assessed and protected.
The attorneys of Legome & Associates have years of experience representing clients in wrongful death claims. We assess the viability of your wrongful death claim, explain what you can expect at every step of your wrongful death case, and will take action on your behalf, such as, researching the law, interviewing witnesses, collecting records, conferring with expert consultants, planning the legal strategy of your claim, and negotiating with insurance companies and opposing counsel. We are experienced, successful, and compassionate professionals with the best interests of our clients as our top priority.
To set up an appointment to discuss your wrongful death case, please call Legome & Associates, at 856-528-3284 or click here to contact us online.